Asylum Law or Criminal Law: Blame, Deterrence and the Criminalisation of the Asylum

Jurisprudencija: Mokslo darbu žurnalas 18 (4):1543-1554 (2011)
  Copy   BIBTEX

Abstract

Although the Refugee Convention 1951 generally provided that contracting states should recognise those who came within its definition as refugees, it did not prescribe how contracting states should determine this in order to enable them to balance this obligation with their national interests. However, evidence from the background and drafting of the Refugee Convention 1951 suggests that the provisions that a contracting states would implement in order to protect its interests would be commensurate with the human rights spirit of the treaty. This implied that contracting states would act fairly in balancing the competing interests in devising status determination policies and would take into account decent considerations. But, from a theoretical viewpoint, it is arguable that some recent asylum determination policies have been based on the threats posed by asylum seekers. Asylum seekers have come to be blamed for contributing to the national issues that some contracting states face and as such, some contracting states have adopted draconian measures as a result

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 76,391

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Refugee Qualification Problems in LGBT Asylum Cases.Laurynas Biekša - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1555-1565.
Asylum Legal Framework and Policy of the Slovak Republic.Lucia Hurná - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1383-1405.
Women and Asylum: A Particular Social Group. [REVIEW]Sue Kirvan - 1999 - Feminist Legal Studies 7 (3):333-342.
Procedural Problems in LGBT Asylum Cases.Lyra Jakulevičienė, Laurynas Biekša & Eglė Samuchovaitė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):195-207.
Lessons of the First EU Court of Justice Judgments in Asylum Cases.Lyra Jakulevičienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):477-505.
Gang-related asylum claims: An overview and prescription.Matthew J. Lister - 2008 - University of Memphis Law Review 38 (4).
Asylum seekers and human rights.John Edwards - 2001 - Res Publica 7 (2):159-182.

Analytics

Added to PP
2013-11-24

Downloads
23 (#502,277)

6 months
1 (#451,971)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

The Enforcement of Morals.Patrick Devlin, Patrick Baron Devlin & Baron Patrick Devlin - 1965 - London ; New York [etc.] : Oxford University Press.
What is a Crime?Grant Lamond - 2007 - Oxford Journal of Legal Studies 27 (4):609-632.
Crime and the Concept of Harm.John Kleinig - 1978 - American Philosophical Quarterly 15 (1):27 - 36.

Add more references